Texas judge denies injunction to stop launch of HISA drug-control program
A judge in a Texas District Court who has twice upheld the constitutionality of the Horseracing Integrity and Safety Authority on Wednesday denied an injunction sought by horsemen to keep HISA from launching its drug-control program next week.
In a four-page ruling, Judge James Wesley Hendrix wrote that attorneys for the National Horsemen’s Benevolent and Protective Association “misunderstand the correct standard” for seeking an injunction while appealing a ruling, and that the plaintiffs “have not established a likelihood of success on the merits” of their appeal.
The decision, in part, cites Hendrix’s 55-page ruling just two weeks ago that upheld HISA’s constitutionality.
The ruling appears to pave the way for HISA to launch its Anti-Doping and Medication Control program on Monday. Under the program, HISA and its drug-control enforcement arm, the Horseracing Integrity and Welfare Unit, will take control of sampling, drug testing, and adjudications of controlled substances and prohibited drugs in most U.S. racing jurisdictions.
The ADMC program was first launched on March 27, but days later it was delayed for at least 30 days under a ruling by Hendrix that sided with the National HBPA over an allegation that the program could not be implemented without a 30-day grace period. The Federal Trade Commission, which must approve HISA’s rules, had given the go-ahead to the program’s launch on the same day that it was implemented.
The National HPBA and many of its affiliates have appealed Hendrix’s May 4 ruling upholding HISA’s constitutionality to the U.S. Fifth Circuit Court of Appeals, which has been far more sympathetic to the types of concerns raised by the plaintiffs than other courts. Last year, a three-judge panel of the Fifth Circuit ruled that HISA’s enabling legislation was unconstitutional.
That Fifth Circuit decision was remanded back to Hendrix for reconsideration. In the meantime, Congress passed an amendment to the enabling legislation designed to fix the Fifth Circuit’s concerns. The May 4 decision by Hendrix relied heavily on the legislative fix.
:: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.